HomeMy WebLinkAbout20092574.tiffWELD COUNTY CODE
ORDINANCE 2009-8
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTERS 22 COMPREHENSIVE PLAN, 23 ZONING, 24 SUBDIVISIONS, 26 MIXED USE
DEVELOPMENT, AND 27 PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent
nature enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be,
and hereby are, repealed and re-enacted, with amendments, and the various Chapters are
revised to read as follows.
CHAPTER 22
COMPREHENSIVE PLAN
Amend Sec. 22-1-150. Comprehensive Plan amendment procedure.
Introduction, A, and B - No change
B.1 thru B.4 - No change
B.4.a. Expansion of RUA Boundaries. The proposed application must submit the
following:
B.4.a (1) thru (5) — No change
6) Include a list of mineral rights owners of sub -surface property located
below property subject to the application. Notice of the hearing will be
sent by the applicant at least thirty (30) days prior to the Planning
Commission hearing and shall be submitted prior to the date of the
hearing. Inadvertent errors by the applicant in sending such notice shall
not create a jurisdictional defect in the hearing process, even if such error
results in the failure of a mineral rights owner to receive such notification.
B.4.a (7) thru (14) — No change
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B.4.b. Modification to Land Use Classification of Property Already Within the RUA
Boundaries. The proposed application must submit the following:
B.4.b.(1) thru (5) — No change
6) Include a list of mineral rights owners of sub -surface property located
below property subject to the application. Notice of the hearing will be
sent by the applicant at least thirty (30) days prior to the Planning
Commission hearing and shall be submitted prior to the date of the
hearing. Inadvertent errors by the applicant in sending such notice shall
not create a jurisdictional defect in the hearing process, even if such error
results in the failure of a mineral rights owner to receive such notification.
B.4.b.(7) thru (13) — No change
B.4.c. Language amendment to the RUA. The proposed application must submit the
following:
B.4.c (1) thru (2) — No change
3) Include a list of mineral rights owners of sub -surface property located
below property subject to the application. Notice of the hearing will be
sent by the applicant at least thirty (30) days prior to the Planning
Commission hearing and shall be submitted prior to the date of the
hearing. Inadvertent errors by the applicant in sending such notice shall
not create a jurisdictional defect in the hearing process, even if such error
results in the failure of a mineral rights owner to receive such notification.
B.4.c (4) thru (8) — No change
B.5. the following supporting documents shall be submitted as a part of the
application, except for those items determined by the Director of Planning
Services or the Board of County Commissioners to be unnecessary to a decision
on the application:
1) A statement describing why the Comprehensive Plan is in need of
revision.
2) A description of any social, economic, or land use conditions of the
County that may have changed, that would support amending the
Comprehensive Plan.
3) A statement describing how the proposed amendment will be consistent
with existing and future goals, policies, and needs of the County,
including those for an RUA as described in this Chapter.
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4) Demonstrate, through supporting documentation, how the proposed
Comprehensive Plan amendment for a new RUA will address the impact
on existing or planned service capabilities including, but not limited to,
roads, stormwater, and emergency services.
5) Demonstrate, through supporting documentation, how the proposed RUA
will address the impacts on the natural environment.
6) Delineate the number of people who will reside and work in the proposed
area and the number of jobs created by the proposed RUA. This
statement shall include the number of school -aged children and address
the social service provision needs, such as schools, of the proposed
population.
7) Include a certified list of the names, addresses and the corresponding
parcel identification numbers assigned by the County Assessor to the
owners of property of the surface estate within one thousand (1,000) feet
of the property subject to the application. The source of such list shall be
from the records of the County Assessor, or an ownership update from a
title abstract company or attorney derived from such records, or from the
records of the County Clerk and Recorder. If the list was assembled from
the records of the County Assessor, the applicant shall certify that such
list was assembled within thirty (30) days of the application submission
date. Inadvertent errors by the applicant in supplying such list, or the
Department of Planning Services in sending such notice, shall not create
a jurisdictional defect in the hearing process, even if such error results in
the failure of a surrounding property owner to receive such notification.
8) Include a list of mineral rights owners of sub -surface property located
below parcels located within the proposed RUA. Notice of the hearing will
be sent by the applicant at least thirty (30) days prior to the Planning
Commission hearing and shall be submitted prior to the date of the
hearing. Inadvertent errors by the applicant in sending such notice shall
not create a jurisdictional defect in the hearing process, even if such error
results in the failure of a mineral rights owner to receive such notification.
9) Outline the proposed uses within the proposed RUA, including the
maximum number of dwelling units, amount of commercial and industrial
space, and percentage of open space projected for that area.
10) Submit a deed or legal instrument to the Department of Planning Services
identifying the applicant's interest in the property.
11) Demonstrate that the site can be serviced by public water and sanitary
sewer service that is adequate for the proposed use.
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12) Include a prepared preliminary traffic impact analysis. All traffic analysis
information and reports shall be prepared and certified by a Colorado
registered professional engineer competent in traffic engineering and
shall address impacts to on -site and off -site roadways, including strategic
roadways within Weld County, State Highways and Interstate Highways.
The intent of this analysis is to determine the project's cumulative
development impacts, appropriate project mitigation and improvements
necessary to offset a specific project's impacts. This analysis shall
include the following information:
a. Introduction: Describe the proposed development and parameters
of the study area, including off -site roadways.
b. Trip generation: Determine daily and a.m. and p.m. peak -hour trip
generation for the proposed development using established rates
identified in the Trip Generation Manual published by the Institute
of Transportation Engineers or as agreed to by County
Engineering Staff.
c. Trip distribution: Based on assumptions contained in the RUA
area traffic analysis or market estimate, describe the anticipated
trip distribution patterns for the proposed development.
d. Trip assignment: Based on the projected trip generation,
assumed trip distribution and the prevailing roadway network,
assign the projected traffic to the intersections and streets within
the study area.
e. Any reasonable additional information deemed necessary for
review.
13) Include a preliminary Drainage Study. All drainage analysis information
and reports shall be prepared and certified by a Colorado registered
professional engineer competent in the hydraulic engineering and shall
address impacts to on -site and off -site drainage ways within Weld
County, and the surrounding area. The intent of this analysis is to
determine the project's cumulative development impacts, appropriate
project mitigation and improvements necessary to offset a specific
project's impacts.
14) Goals and Policies for the new RUA. Such Goals and Policies should
establish the nature and character of future development proposals, and
they should include the criteria used to evaluate future land use
applications in the RUA. Because each RUA is unique and different,
consult with staff about what form would be best for this section.
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15) RUA map, showing generalized targeted planning areas and uses; key
transportation corridors; general service facilities such as schools,
emergency service centers, and parks; and any other elements
determined by staff.
16) Other supporting information or documentation as deemed necessary by
the County.
Remainder of Section — No change
CHAPTER 23
ZONING
Amend Section 23-1-90. Definitions.
CARGO CONTAINER: A receptacle with all of the following characteristics:
a. Of a permanent character and accordingly strong enough to be suitable for
repeated use, constructed of metal and being airtight and water-resistant.
b. Specially designed to facilitate the carriage of goods, by one (1) or more
modes of transport, one (1) of which shall be by vessels, without intermediate
reloading.
c. Fitted with devices permitting its ready handling, particularly its transfer from
one (1) mode of transport to another.
d. So designed to be easy to fill and empty.
e. Having a cubic displacement of one thousand (1,000) cubic feet or more.
f. A railroad car of any type shall not be considered a CARGO CONTAINER.
COMMERCIAL SCHOOL: A SCHOOL established to provide on -site training of
business, trade, commercial, industrial, clerical, managerial, or artistic skills, such as a
beauty SCHOOL, ceramic store, or driving SCHOOL. This definition applies to
SCHOOLS that are owned and operated privately for profit and that do not typically offer
a complete educational curriculum. This classification excludes establishments that
provide training in an activity that is not otherwise generally permitted in the zone district.
Incidental instructional services in conjunction with another primary use shall not be
considered a COMMERCIAL SCHOOL.
HOME BUSINESS: An incidental USE to the principal permitted USE for gainful
employment of the FAMILY residing on the property, where:
a. Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY
STRUCTURE and principally carried on by the FAMILY resident therein.
b. Such USE is clearly incidental and secondary to the principal permitted USE
and shall not change the character thereof.
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Ordinarily, a A HOME BUSINESS shall not be interpreted to include the following: clinic,
HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, MEDICAL
MARIJUANA DISPENSARY, mortuary and organized classes where more than six (6)
persons meet together for instruction on a regular basis (does not include classes
sponsored by a PUBLIC SCHOOL).
HOME OCCUPATION: An incidental use of a DWELLING UNIT for gainful
employment of the resident therein, where:
a. thru g - No change
Ordinarily, aA HOME OCCUPATION shall not be interpreted to include the following:
clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT,
MEDICAL MARIJUANA DISPENSARY, mortuary, vehicle or boat repair (including
painting), and organized classes where more than six (6) persons meet together for
instruction on a regular basis (does not include classes sponsored by a PUBLIC
SCHOOL).
MEDICAL MARIJUANA DISPENSARY: Means and includes the use of any property
or structure to distribute, transmit, give, dispense, or otherwise provide marijuana in any
manner, in accordance with Section 14, Article XVIII, of the Colorado Constitution.
OUTDOOR STORAGE: The outdoor placement or leaving of goods for future use,
preservation, or disposal, and associated with land USES such as the sales, rental,
distribution, or wholesale sale of products, supplies, and/or equipment.
SCHOOL: Includes any one (1) or more of the following categories: a PUBLIC
SCHOOL, community college, junior college, college or university; an independent or
parochial SCHOOL which satisfies the compulsory SCHOOL attendance requirements
appearing in the School Attendance Law of 1963, Article 33 of Title 22, C.R.S., or a
COMMERCIAL SCHOOL, as defined herein.
Amend Section 23-2-150. Intent and applicability.
A thru J - No change
K. Applications for a Site Plan Review located in a Regional Urbanization Area shall
adhere to any and all applicable regulations in Chapter 19 and any other County
ordinance in effect.
L. The applicant or owner shall submit an Improvements Agreement agreeing to
construct the required improvements as shown in the application, plans and other
supporting documents. The Agreement shall be made in conformance with the
County policy on collateral for improvements. The Agreement shall be approved
by the Board prior to recording the final exhibit or plat, if applicable.
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Add new Section 23-2-170. Changes and Termination of Use.
A. Any approved Site Plan Review shall be limited to the items shown on the Site
Plan Review map and the approved use and type of occupancy. Major changes
from the approved Site Plan Review map, USE, or type of occupancy shall
require the approval of an amended Site Plan Review by the Department of
Planning Services. The Department of Planning Services is responsible for
determining whether a major change exists, in which case a new Site Plan
Review application and processing shall be required. Any other changes shall be
filed in the Department of Planning Services in the approved Site Plan Review
file.
B. Construction pursuant to approval of a Site Plan Review shall be commenced,
and continual progress made, within three (3) years from the date of approval, or
the approval shall terminate. The Director of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the
landowner.
Amend Section 23-2-200. Intent and applicability.
A. Uses by Special Review are USES which have been determined to be more
intense or to have a potentially greater impact than the Uses Allowed By Right in
a particular zone district. Therefore, Uses by Special Review require additional
consideration to ensure that they are established and operated in a manner that
is compatible with existing and planned land USES in the NEIGHBORHOOD.
The additional consideration or regulation of Uses by Special Review, and the
application to a Use by Special Review of Performance, Design and Operations
Standards listed both herein and for applicable USES from any zone district, are
designed to protect and promote the health, safety, convenience and general
welfare of the present and future residents of the COUNTY.
B thru D - No change
E. Applications for Special Review Permits shall be completed as set forth in
Section 23-2-260. The complete application and application fees shall be
submitted to the Department of Planning Services.
F. The applicant or owner shall submit an Improvements Agreement agreeing to
construct the required improvements, as shown in the application, plans and
other supporting documents. The agreement shall be made in conformance with
the County policy on collateral for improvements. The agreement shall be
approved by the Board prior to recording the final exhibit or plat, if applicable.
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Revise Section 23-2-280. Changes to a Special Review Permit.
A. Any approved Special Review Permit shall be limited to the items shown on the
Special Review plan map and governed by the DEVELOPMENT STANDARDS.
Major changes from the approved Special Review Plan Map or DEVELOPMENT
STANDARDS for the Special Review Permit shall require the review of an
amendment to the permit by the Planning Commission and approval by the
Board of County Commissioners before such changes from the plan map or
DEVELOPMENT STANDARDS are permitted. The Department of Planning
Services is responsible for determining whether a major change exists. Any
other changes shall be filed with the Department of Planning Services with the
approved Special Review Permit.
B. Any decrease in the land mass occupied by a Use by Special Review Permit
shall qualify the landowner to be able to request a partial vacation of the Use by
Special Review from the Board of County Commissioners, permitting the
following:
1. The subject property under consideration for a partial vacation of the Use
by Special Review has received permission to release the property from
the permit from applicable County and State agencies. An example
would be the release of a portion of a gravel mining operation from the
Colorado State Division of Mining Reclamation and Safety at the
completion of the reclamation activities on the subject property. Evidence
of such release shall be provided to the Department of Planning Services
with the request to vacate such portion of the property.
2. This process does not create separate parcels.
3. To obtain a partial vacation of the Use by Special Review permit, the
applicant shall:
a. Submit a letter to the Department of Planning Services requesting
the partial vacation.
b. Submit a revised map to the Department of Planning Services
illustrating the vacated portion of the property and the existing
permit.
4. Upon determination of compliance with the original Use by Special
Review permit and all applicable applications, this Chapter and
Chapter 29 of this Code, by the Department of Planning Services, the
applicant shall be granted a partial vacation of the Use by Special Review
permit.
5. Once approved, the applicant must submit a plat conforming to
Section 23-2-260.D of this Code. This plat shall illustrate the vacated
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portions of the property/operation. The plat shall contain two (2) vicinity
maps. The first shall illustrate the use boundary prior to the partial
vacation. The second shall illustrate the use boundary after the partial
vacation.
Add new Section 23-2-290. Termination of Use
A. Construction or USE pursuant to approval of a Use by Special Review Permit
shall be commenced within three (3) years from the date of approval, unless
otherwise specified by the Board when issuing the original Permit, or the Permit
shall be vacated. The Director of Planning Services may grant an extension of
time, for good cause shown, upon a written request by the landowner.
B. A Use by Special Review shall terminate when the USE is discontinued for a
period of three (3) consecutive years, the USE of the land changes, or when the
time period established by the Board through the approval process expires. The
landowner may notify Planning Services of a termination of the USE, or Planning
Services staff may observe that the USE has been terminated. When either
Planning Services is notified by the landowner, or when Planning Services
observes that the USE may have been terminated, the Planner shall send
certified written notice to the landowner asking that the landowner request to
vacate the Use by Special Review Permit.
In such cases where the landowner agrees to request to vacate the Use by
Special Review Permit, such vacation may be done administratively. In such
cases where the landowner does not respond, after original certified written
notice, and after a second written certified notice sent no sooner than thirty (30)
days after the mailing of the first notice, then the Special Use Permit may also be
vacated administratively.
D. In such cases where the Use by Special Review has terminated, but the
landowner does not agree to request to vacate the Use by Special Review
Permit, a meeting shall be scheduled with the Board of County Commissioners to
provide the landowner an opportunity to request that the Use by Special Review
Permit not be vacated, for good cause shown. If the Board determines that the
Use by Special Review has terminated and no good cause has been shown for
continuing the Permit, then the termination becomes final and the Use by Special
Review permit is vacated.
E. County staff shall draft a Board resolution setting forth the determination that a
Use by Special Review is terminated. Record of such action and a copy of the
resolution will be kept in the files of the Clerk to the Board. The Board of County
Commissioners shall arrange for the Clerk to the Board to record the resolution.
F. Use by Special Review Permit Plan Maps. Termination of a use shall allow the
Use by Special Review Permit, and the Use by Special Review Permit Plan Map,
to be administratively vacated from county documents. If a Use by Special
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Review Permit Plan Map is vacated because the Use by Special Review Permit
was revoked due to non-compliance with the Permit, map or DEVELOPMENT
STANDARDS, the vacation shall be processed as described in Section 23-2-270
above. If a partial vacation is proposed because of a decrease in the land mass,
it shall be processed as described in Section 23-2-280.B — Changes to a Special
Review Permit.
Amend Section 23-3-20. Uses by Right
A thru W - No change
X. TEMPORARY seasonal uses, including fruit and vegetable stands, and facilities
for the sale of fireworks and Christmas trees, subject to the permit requirements
of Article IV, Division 7 of this Chapter, except as allowed without a permit per
Section 23-3-20.D.
Amend Section 23-3-30. Accessory uses.
Intro, and A thru J - No change
K. Cargo container as Accessory STRUCTURE. One (1) cargo container as an
Accessory STRUCTURE in the A (Agricultural) Zone District may be allowed for
storage of goods inside the unit on lots in an approved or recorded subdivision
plat, or LOTS which are part of a map or plan filed prior to the adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District. Two (2)
cargo containers may be allowed on property of less than eighty (80) acres in
size, when not on a LOT in an approved or recorded subdivision, or a LOT which
is part of a map or plan filed prior to adoption of any regulations controlling
subdivisions. Up to five (5) cargo containers may be allowed on property equal
to or greater than eighty (80) acres in size. Additional containers may be allowed
on all lot sizes, as described in Section 23-3-40.AA (Use by Special Review). A
cargo container used for storage shall require the issuance of building permits.
The following conditions shall apply:
1 thru 7 - No Change
L. Semi -trailer used as accessory storage. One [1] semi -trailer used as accessory
storage may be permitted on lots in an approved or recorded subdivision plat, or
LOTS which are part of a map or plan filed prior to the adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District, according
to the procedure and zoning permit requirements outlined in Section 23-4-900 of
this Chapter for the purpose of storing goods inside the unit. Up to two (2) semi-
trailers may be used as accessory storage on agricultural parcels not in an
approved or recorded subdivision plat, or LOTS which are part of a map or plan
filed prior to the adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District, without a zoning permit. Additional semi -trailers
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used as accessory storage may be allowed on all lot sizes and types, as
described in Section 23-3-40.0 (Uses by Special Review).
M. COMMERCIAL VEHICLES. Parking and operation of one [1] COMMERCIAL
VEHICLE may be permitted on lots in an approved or recorded subdivision plat,
or LOTS which are part of a map or plan filed prior to the adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District, according
to the procedure and zoning permit requirements outlined in Sections 23-4-165
and 23-4-950 of this Chapter. Parking and operation of one (1) COMMERCIAL
VEHICLE may be allowed on property of less than eighty (80) acres in size,
when not a LOT in an approved or recorded subdivision, or a LOT which is part
of a map or plan filed prior to adoption of any regulations controlling subdivisions,
without a zoning permit. Parking and operation of up to five (5) COMMERCIAL
VEHICLES may be allowed on property equal to, or greater than, eighty (80)
acres in size when used to haul agricultural goods, equipment or livestock, as
long as the number of trips does not exceed sixty (60) per day to and from the
property. No additional COMMERCIAL VEHICLES are allowed, unless part of a
commercial or industrial USE otherwise permitted by Section 23-3-40.R (Uses by
Special Review) of this Chapter.
N - No change
Amend Section 23-3-40. Uses by special review.
Intro and A - No change
B. Agricultural Service establishments primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis, including:
1 thru 9 - No change
10. ANIMAL BOARDING and animal TRAINING FACILITIES where the
maximum number of ANIMAL UNITS permitted in Section 23-3-50.D is
exceeded and/or when the traffic that is generated by the boarding or
training activity exceeds sixty (60) trips per day to and from the property.
11 thru 18 - No change
C thru P - No change
Q. Deleted.
R thru Z - No change
AA. More than the number of cargo containers allowed as a use by right per legal lot
or parcel.
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BB thru DD - No change
Amend Section 23-3-210. C-1 (Neighborhood Commercial) Zone District
A thru B.3 - No change
4. COMMERCIAL SCHOOLS, limited to indoor instruction.
4 thru 8 to be re -numbered and 5 thru 9.
10. TEMPORARY seasonal uses, including fruit and vegetable stands, and
facilities for the sale of fireworks and Christmas trees, subject to the
permit requirements of Article IV, Division 7 of this Chapter.
10 and 11 to be re -numbered as 11 and 12
Remainder of Section - No change
Amend Section 23-3-230. C-3 (Business Commercial) Zone District
A thru B.14 - No change
15. OUTDOOR STORAGE, when SCREENED from public rights -of -way and
ADJACENT properties.
Remainder of Section - No change
C thru D.9 - No change
10. MEDICAL MARIJUANA DISPENSARY, except no such use shall be
allowed in the A (Agricultural) Zone District.
Amend Section 23-3-240. C-4 (Highway Commercial) Zone District
A thru B.6 - No change
7. TEMPORARY seasonal uses, including fruit and vegetable stands, and
facilities for the sale of fireworks and Christmas trees, subject to the
permit requirements of Article IV, Division 7 of this Chapter.
Remainder of Section - No change
Amend Section 23-3-310. I-1 (Industrial) Zone District.
A thru B.5 - No change
6. COMMERCIAL SCHOOLS, limited to indoor instruction.
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6 and 7 to be renumbered as 7 and 8
9. TEMPORARY seasonal uses, including fruit and vegetable stands, and
facilities for the sale of fireworks and Christmas trees, subject to the
permit requirements of Article IV, Division 7 of this Chapter.
9 to be renumbered as 10
Remainder of Section - No change
Amend Section 23-3-320. 1-2 (Industrial) Zone District.
A thru B.7 - No change
8. TEMPORARY seasonal uses, including fruit and vegetable stands, and
facilities for the sale of fireworks and Christmas trees, subject to the
permit requirements of Article IV, Division 7 of this Chapter.
9. No change.
10. OUTDOOR STORAGE, when SCREENED from public rights -of -way and
ADJACENT properties.
C thru C.6 - No change
7. Cargo containers.
7 to be renumbered to 8
D thru D.13 - No change
14. COMMERCIAL SCHOOLS.
Remainder of Section - No change
Amend Section 23-3-330. 1-3 (Industrial) Zone District.
A. No change.
B thru B.8 - No change
9. TEMPORARY seasonal uses, including fruit and vegetable stands, and
facilities for the sale of fireworks and Christmas trees, subject to the
permit requirements of Article IV, Division 7 of this Chapter.
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10. No change
11. OUTDOOR STORAGE, when SCREENED from public rights -of -way and
ADJACENT properties.
C thru C.6 - No change
7. Cargo containers.
7 to be renumber as 8
D thru D. 14 - No change
15. COMMERCIAL SCHOOLS.
Remainder of Section - No change
Revise title only: Article IV Supplementary District Regulations and Zoning Permits
Delete all of Section 23-4-165. Use of semi -trailers as accessory storage.
Revise Section 23-4-220. Mobile homes in C or I Zone District.
A. A zoning permit for the USE of one (1) MOBILE HOME may be permitted as an
ACCESSORY USE to the principal USE in certain C (Commercial) or
I (Industrial) Zone Districts upon a determination by the Department of Planning
Services that:
1. The MOBILE HOME is necessary for the effective and economic
operation of the business, COMMERCIAL or industrial activity.
2. The MOBILE HOME will not be used for residential purposes other than
for the purpose of the protection or control of the principal USE.
3. Adequate water and sewage disposal facilities are available to the
MOBILE HOME.
4. The applicant must obtain a BUILDING permit for the MOBILE HOME
and comply with the installation standards of Chapter 29 of this Code.
A zoning permit shall not be required for a MOBILE HOME in the Commercial or
Industrial Zone District, if such information is already reflected in an approved
Site Plan Review or Special Use Permit, as determined by the Planner.
B thru C - No change
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D. All MOBILE HOMES as ACCESSORY USES to the principal USE in C or I Zone
Districts are TEMPORARY and subject to the requirements for MOBILE HOMES
as stated in Article III, Division 3 and Article III, Division 4 of this Chapter. The
MOBILE HOME shall be removed from the property upon the cessation of the
USE of the MOBILE HOME as an ACCESSORY USE to the business,
commercial or industrial activity. The six-month limitation for this TEMPORARY
use may be extended in six-month increments at the discretion of the Director of
Planning Services up to two (2) times, and thereafter by the Board of County
Commissioners.
Add new Division 7 (previously repealed by Ord #2005-6) Temporary Seasonal Uses.
Section 23-4-500. Intent and applicability
The intent of the Temporary Seasonal Use procedure is to provide an administrative
process for the regulation of seasonal uses and accessory structures, including fruit and
vegetable stands, and those for the sale of fireworks or Christmas trees. Other similar
temporary seasonal uses may be approved by the Director of Planning Services.
Section 23-4-510. Duties of the Department of Planning Services
A. The applicant shall submit the application fee and information required herein to
the Department of Planning Services. The submittal shall be reviewed for
completeness and the applicant notified of any inadequacies. Once the submittal
is determined complete, Planning staff and other agencies such as the
Department of Public Works, the affected fire district, the Colorado Department of
Transportation, and the Department of Public Health and Environment shall
review the submittal.
B. After review and comment by the review agencies, the Department of Planning
Services shall make final determination of approval or denial of the permit. Such
determination shall be made based on its conformance with Chapter 22 of this
Code and any other applicable code provision or ordinance in effect, sound land
use planning practices, comments received from agencies to which the proposal
was referred, and standards contained in this Chapter.
C. If the Department of Planning Services denies the Permit, the applicant may
appeal, in writing to the Director of Planning Services, within ten (10) days of
receipt of the denial notice. A meeting shall be scheduled with the Board of
County Commissioners to provide the landowner an opportunity to appeal the
denial, for good cause shown. If the landowner does not submit a written appeal,
the denial becomes final.
Section 23-4-520. Application requirements for temporary seasonal use permit.
The following supporting documentation shall be submitted as a part of the application:
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A TEMPORARY seasonal use permit application form provided by the
Department of Planning Services.
A copy of a deed or legal instrument identifying the applicant's interest in the
property under consideration.
C. A detailed description of the proposed USE, including the location of proposed
parking areas or parking lots, and evidence that the USE meets the requirements
of the zone district.
D. Evidence that the USE shall have an adequate source of potable water.
E. Evidence that the USE in the zone district shall have adequate sewage disposal
facilities, which may include TEMPORARY sewage disposal facilities (i.e.,
portable toilets), as determined by the Department of Public Health and
Environment.
F. A completed County Road Access Information Sheet provided by the Department
of Planning Services.
G. The number of employees associated with the USE.
H. A generalized sketch map drawn on a sheet of paper eight and one-half (8 1/2)
inches by eleven (11) inches. The sketch map shall be legible and include the
following information:
1. The boundary of the property.
2. The boundary of the proposed USE.
3. A north arrow.
4. The location of all existing and proposed driveways and accesses
associated with the parking lots.
5. The names of any existing roads or highways abutting the proposed
property.
6. All existing structures on the proposed property, located in proximity to
the proposed USE.
7. All easements or rights -of -way located on the proposed property.
8. Location of sewage disposal facilities.
Revise Division 10 title to read: Semi -Trailers as Accessory Storage.
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Add new Section 23-4-900. Intent and Applicability.
A. One (1) semi -trailer used as accessory storage on lots in an approved or
recorded subdivision plat, or LOTS which are part of a map or plan filed prior to
the adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District may be permitted through issuance of Permit for a Semi -Trailer as
Accessory Storage. (No zoning permit is required for up to two [2] semi -trailers
used for accessory storage on agricultural parcels not in an approved or
recorded subdivision plat, or LOTS which are part of a map or plan filed prior to
the adoption of any regulations controlling subdivisions in the A [Agricultural]
Zone District. Additional semi -trailers used as accessory storage may be allowed
on various other lot sizes and types, as described in Section 23-3-40.0 [Use by
Special Review]).
B. When required, a Zoning Permit for a Semi -Trailer as Accessory Storage may be
permitted for the purpose of storing agricultural goods and nonagricultural goods
inside the unit upon a determination that:
1. Electricity is the only utility which will be connected to the semi -trailer
used for accessory storage.
2. The semi -trailer used for accessory storage will not be used on any basis
as a DWELLING or as overnight or temporary housing for any person.
3. The property upon which the semi -trailer used for accessory storage is
located is a LEGAL LOT.
4. No structural component of the semi -trailer used for accessory storage
will be removed and thereby result in the semi -trailer being unmovable.
5. The semi -trailer used for accessory storage will not be allowed to
deteriorate into a state of disrepair. Such disrepair would include, but not
be limited to, a semi -trailer for accessory storage partially or totally
damaged by fire, earthquake, wind or other natural causes, or a semi-
trailer in a state of general dilapidation, deterioration or decay resulting
from a lack of maintenance, vandalism or infestation with vermin or
rodents. Any such semi -trailer shall be restored to and maintained in the
original condition upon being placed on the site or shall be removed from
the site.
6. The semi -trailer used for accessory storage will be removed from the
property upon cessation of such USE.
7. The semi -trailer used for accessory storage will not in any manner be
used to display signs.
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8. The semi -trailer used for accessory storage is compatible with the
surrounding area.
Re -number and Revise Section 23-4-900 to 23-4-910. Semi -trailer as accessory storage
permit requirements.
An application for a Zoning Permit for a Semi -Trailer as Accessory Storage shall include
the following:
A thru K - No change
L. This zoning permit shall not be transferable by the applicant and/or owner to any
successor; the zoning permit shall terminate automatically upon conveyance or
lease of the property.
Add New Section 23-4-920. Referral process.
Upon determination that the application submittal is complete, the Department of
Planning Services shall:
A. Refer the application to applicable referral agencies for review and comment.
Agencies can include the Department of Public Works and any others deemed
necessary. The agencies shall respond within twenty-one (21) days after the
mailing of the application by the COUNTY. The reviews and comments solicited
by the COUNTY are intended to provide the COUNTY with information about the
proposed USE. The COUNTY may consider all such reviews and comments and
may solicit additional information if such information is deemed necessary. The
reviews and comments submitted by a referral agency are recommendations to
the COUNTY.
B. Send a request for comment in support or opposition regarding the Zoning Permit
for a semi -trailer as accessory storage to those persons listed in the application
as owners of property located within five hundred (500) feet of the parcel under
consideration. Such notification shall be mailed, first-class, upon receipt of the
application. Inadvertent errors by the applicant in supplying such list or the
Department of Planning Services in sending such notice shall not create a
jurisdictional defect in the permitting process, even if such error results in the
failure of a surround property owner to receive such notification.
Re -number Section 23-4-910 to 23-4-930. Delegation of authority.
A. The Board of County Commissioners delegates the authority to issue a zoning
permit for a semi -trailer which otherwise requires the approval of the Board of
County Commissioners through a public hearing process to the Department of
Planning Services upon a determination by the Department that:
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1. The applicant is in compliance with the criteria identified in this Chapter
for the specific category of zoning permit for which application is being
made.
2. The Department of Planning Services has sent notice and has not
received signed notification of at least thirty percent (30%) of surrounding
property owners within five hundred (500) feet of the subject property in
opposition to the location of the semi -trailer. If opposed, the petition shall
indicate that the surrounding property owners who have signed the
notification have objections to the issuance of a zoning permit for the
semi -trailer.
B. If the Department of Planning Services denies the Permit, the applicant may
appeal, in writing to the Director of Planning Services, within ten (10) days of
receipt of the denial notice. A meeting shall be scheduled with the Board of
County Commissioners to provide the landowner an opportunity to appeal the
denial, for good cause shown. If the landowner does not submit a written appeal,
the denial becomes final.
C. If the Department of Planning Services does receive signed notification that thirty
percent (30%) or more of surrounding property owners within five hundred (500)
feet of the subject property are in opposition to the permitting of a semi -trailer as
accessory storage, then the Board of County Commissioners shall review the
application for compliance with the criteria set out in this Section at a regularly
scheduled meeting of the Board:
1. The Department of Planning Services will notify the applicant, granting
ten (10) business days to determine if they want to proceed with the
application.
2. If the applicant notifies the Department of Planning Services of their
desire to proceed with the application, the Department will request a
hearing date and time from the Clerk to the Board and prepare a staff
report.
3. The Board of County Commissioners shall give notice of the application
for a zoning permit and the meeting date to those persons listed in the
application as owners of property located within five hundred (500) feet of
the parcel under consideration. Such notification shall be mailed, first
class, not less than ten (10) days before the scheduled meeting. Such
notice is not required by state statute and is provided as a courtesy to
surrounding property owners (the surface estate). Inadvertent errors by
the applicant in supplying such list or the Department of Planning
Services in sending such notice shall not create a jurisdictional defect in
the permit process even if such error results in the failure of a surrounding
property owner to receive such notification.
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4. The Department of Planning Services shall post a sign for the applicant
on the property in question indicating that one (1) semi -trailer as
accessory storage has been requested for the property, the meeting date
and a telephone number where further information may be obtained. The
sign shall be posted at least ten (10) days prior to the meeting date and
evidenced with a photograph.
5. The Board of County Commissioners shall consider any testimony of
surrounding property owners concerning the effects of the semi -trailer as
accessory storage on the surrounding properties and its compliance with
the criteria set out in this Section.
Add new Section 23-4-950. Intent and Applicability
A. Parking and operation of one [1] COMMERCIAL VEHICLE may be permitted on
lots in an approved or recorded subdivision plat, or LOTS which are part of a
map or plan filed prior to the adoption of any regulations controlling subdivisions
in the A (Agricultural) Zone District, through issuance of a Commercial Vehicle
Permit.
B. When required, a Zoning Permit for a Commercial Vehicle may be permitted
upon a determination that:
1. The property upon which the COMMERCIAL VEHICLE is located is a
LEGAL LOT.
2. The COMMERCIAL VEHICLE will be removed from the property upon
cessation of such USE.
3. The COMMERCIAL VEHICLE is compatible with the surrounding area.
Re -number and Revise Section 23-4-950 to 23-4-960. Commercial vehicle permit
requirements.
An application for any Zoning Permit for a Commercial Vehicle required by this Division
shall include the following:
A thru H - No change
This zoning permit shall not be transferable by the applicant and/or owner to any
successor; the zoning permit shall terminate automatically upon conveyance or
lease of the property.
Add New Section 23-4-970. Referral process.
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Upon determination that the application submittal is complete, the Department of
Planning Services shall:
A. Refer the application to applicable referral agencies for review and comment.
Agencies can include the Department of Public Works and any others deemed
necessary. The agencies shall respond within twenty-one (21) days after the
mailing of the application by the COUNTY. The reviews and comments solicited
by the COUNTY are intended to provide the COUNTY with information about the
proposed USE. The COUNTY may consider all such reviews and comments and
may solicit additional information if such information is deemed necessary. The
reviews and comments submitted by a referral agency are recommendations to
the COUNTY.
B. Send a request for comment in support or opposition regarding the Zoning Permit
for a COMMERCIAL VEHICLE to those persons listed in the application as
owners of property located within five hundred (500) feet of the parcel under
consideration. Such notification shall be mailed, first-class, upon receipt of the
application. Inadvertent errors by the applicant in supplying such list or the
Department of Planning Services in sending such notice shall not create a
jurisdictional defect in the permitting process, even if such error results in the
failure of a surround property owner to receive such notification.
Re -number Section 23-4-960 to 23-4-980. Delegation of authority.
A. The Board of County Commissioners delegates the authority to issue a zoning
permit for a commercial vehicle which otherwise requires the approval of the
Board of County Commissioners through a public hearing process to the
Department of Planning Services upon a determination by the Department that:
1. The applicant is in compliance with the criteria identified in this Chapter
for the specific category of zoning permit for which application is being
made.
2. The Department of Planning Services has sent notice and has not
received signed notification from at least thirty percent (30%) of
surrounding property owners within five hundred (500) feet of the subject
property in opposition to the location of the commercial vehicle. If
opposed, the petition shall indicate that the surrounding property owners
who have signed the notification have objections to the issuance of a
zoning permit for the commercial vehicle.
B. If the Department of Planning Services denies the Permit, the applicant may
appeal, in writing to the Director of Planning Services, within ten (10) days of
receipt of the denial notice. A meeting shall be scheduled with the Board of
County Commissioners to provide the landowner an opportunity to appeal the
denial, for good cause shown. If the landowner does not submit a written appeal,
the denial becomes final.
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C. If the Department of Planning Services does receive signed notification that thirty
percent (30%) or more of surrounding property owners within five hundred (500)
feet of the subject property are in opposition to the permitting of a COMMERCIAL
VEHICLE, then the Board of County Commissioners shall review the application
for compliance with the criteria set out in this Section at a regularly scheduled
meeting of the Board:
1. The Department of Planning Services will notify the applicant, granting
ten (10) business days to determine if they want to proceed with the
application.
2. If the applicant notifies the Department of Planning Services of their
desire to proceed with the application, the Department will request a
hearing date and time from the Clerk to the Board and prepare a staff
report.
3. The Board of County Commissioners shall give notice of the application
for a zoning permit and the meeting date to those persons listed in the
application as owners of property located within five hundred (500) feet of
the parcel under consideration. Such notification shall be mailed, first
class, not less than ten (10) days before the scheduled meeting. Such
notice is not required by state statute and is provided as a courtesy to
surrounding property owners (the surface estate). Inadvertent errors by
the applicant in supplying such list or the Department of Planning
Services in sending such notice shall not create a jurisdictional defect in
the permit process even if such error results in the failure of a surrounding
property owner to receive such notification.
4. The Department of Planning Services shall post a sign for the applicant
on the property in question indicating that one (1) commercial vehicle has
been requested for the property, the meeting date and a telephone
number where further information may be obtained. The sign shall be
posted at least ten (10) days prior to the meeting date and evidenced with
a photograph.
5. The Board of County Commissioners shall consider any testimony of
surrounding property owners concerning the effects of the COMMERCIAL
VEHICLE on the surrounding properties and its compliance with the
criteria set out in this Section.
Amend Section 23-6-20. Appeals of administrative decisions.
Intro, and A thru B - No change
C. Duties of the Board of Adjustment. The Board of Adjustment shall hold a public
hearing to consider the APPEAL. The concurring vote of four (4) members of the
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Board of Adjustment shall be necessary in order to decide in favor of the
appellant on any APPEAL of an administrative decision. The Board's decision
shall be based upon only the information presented at the public hearing and its
interpretation of Chapter 23 of this Code.
Amend Section 23-6-30. Appeals for interpretation of zone district boundaries or lot
lines.
APPEALS to the Board of Adjustment brought pursuant to Section 23-6-10 B above shall
be made and processed as set forth below:
A thru B - No change
C. Duties of the Board of Adjustment. The Board of Adjustment shall hold a public
hearing to consider the APPEAL. The concurring vote of four (4) members of the
Board of Adjustment shall be necessary in order to decide in favor of the
appellant on any APPEAL for interpretation of zone district boundaries or lot
lines. The Board's decision shall be based upon only the information presented
at the public hearing and its interpretation of Chapter 23 of this Code.
Amend Section 23-6-40. Appeals for variance.
APPEALS to the Board of Adjustment brought pursuant to Section 23-6-10.C above
shall be made and processed as set forth below.
A thru B - No change.
C. Duties of the Board of Adjustment. The Board of Adjustment shall hold a public
hearing to consider the APPEAL. The concurring vote of three (3) members of
the Board of Adjustment shall be necessary in order to decide in favor of the
appellant on any APPEAL for variance. An appeal for variance of the terms of
this Chapter, Chapter 26 or Chapter 27 of this Code shall not be granted until
and unless the Board of Adjustment, based only upon the information presented
at the public hearing and its interpretation of Chapter 23 of this Code, has found
and determined that:
1. Special conditions and circumstances exist which are peculiar to the LOT,
STRUCTURE or BUILDING involved and which are not applicable to
other LOTS, STRUCTURES or BUILDINGS in the same zoning district.
2. Literal interpretation of the provisions of this Chapter would deprive the
appellant of rights commonly enjoyed by other properties in the same
zoning district under the terms of this Chapter.
3. The special conditions and circumstances do not result solely from the
actions of the appellant.
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4. The reasons set forth in the application and testimony justify the granting
of the variance, and the variance is the minimum variance that will make
possible the reasonable USE of the LOT, BUILDING or STRUCTURE.
5. The granting of the variance will be in harmony with the purpose and
intent of this Chapter, and will not be injurious to the NEIGHBORHOOD
or otherwise detrimental to the public health, safety or welfare.
Amend Section 23-6-50. Appeals for variance within Flood Hazard Overlay District.
APPEALS to the Board of Adjustment brought pursuant to Section 23-6-10 C shall be
made and processed as set forth below:
A thru B - No change
C. Duties of the Board of Adjustment.
1. The Board of Adjustment shall hold a public hearing to consider the
APPEAL. The Board shall make its decision based on all technical
evaluations, all relevant factors, standards specified in subsection 2,
below, and in other sections of this Chapter, any information presented at
the public hearing, and its interpretation of Chapter 23 of this Code. The
concurring vote of three (3) members of the Board of Adjustment shall be
necessary in order to decide in favor of the appellant on any APPEAL for
VARIANCE of the terms of this Chapter within the Flood Hazard Overlay
District.
Remainder of Section - No change
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CHAPTER 24
SUBDIVISIONS
Add new Section 24-3-70. Failure to record a minor subdivision plat.
If a final plat has not been recorded within one (1) year of the date of the approval of the
minor subdivision final plat, or within a date specified by the Board of County Commissioners,
the Board may require the landowner to appear before it and present evidence substantiating
that the minor subdivision final plat has not been abandoned and that the applicant possesses
the willingness and ability to record the final plat. The Board of County Commissioners may
extend the date for recording the plat. If the Board determines that conditions supporting the
original approval of the final plat cannot be met, the Board may, after a public hearing, revoke
the minor subdivision final plat.
Add new Section 24-3-80. Failure to commence a minor subdivision final plat.
If no construction has begun or no use established in the minor subdivision within three
(3) years of the date of the approval of the minor subdivision final plan, the Board of County
Commissioners may require the landowner to appear before it and present evidence
substantiating that the final plat has not been abandoned and that the applicant possesses the
willingness and ability to continue the minor subdivision. The Board of County Commissioners
may extend the date for initiation of the minor subdivision construction and shall annually
require the applicant to demonstrate that the minor subdivision has not been abandoned. If the
Board of County Commissioners determines that conditions supporting the original approval of
the minor subdivision final plat have changed or that the landowner cannot implement the minor
subdivision final plat, the Board may, after a public hearing, revoke the minor subdivision final
plat and order the recorded minor subdivision vacated.
Add new Section 24-3-90. Failure to comply with the minor subdivision final plan.
The Board of County Commissioners may serve written notice upon such organization or
upon the owners or residents of the minor subdivision setting forth that the organization has
failed to comply with the minor subdivision final plat. Said notice shall include a demand that
such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be
held by the Board of County Commissioners within fifteen (15) days of the issuance of such
notice, setting forth the item, date and place of the hearing. The Board may modify the terms of
the original notice as to deficiencies and may give an extension of time within which they shall
be rectified.
Amend Section 24-4-40. Final plat.
An applicant shall submit a complete major subdivision final plat application with the
required number of application copies and application fee to the Planner. The required number
of application copies shall be determined by the Planner. The following information shall be
submitted as part of a final plat application.
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A. A final plat application form provided by the Planner.
B. A copy of a title commitment issued by a title insurance company or a title
opinion by an attorney licensed to practice in the State. The commitment or
opinion shall set forth the names of all owners of property. The commitment or
opinion shall include a list of all mortgages, judgments, liens, easements,
contracts and agreements of record in the County affecting the property
described in the application. If the attorney's opinion or title commitment
discloses additional holders or owners of such mortgages, judgments, liens,
easements, contracts or agreements, not party to the application, the Board may
require them to join in and approve it. The title commitment or opinion shall be
completed within thirty (30) days prior to the application submission date.
C. On separate sheets attached to the final plat application form, the following
information is required:
1. A description of the type of uses proposed for the subdivision.
2. A summary of any concerns identified during the preliminary plan
application process with an explanation of how the concerns will be
addressed or resolved.
3. The total number of lots proposed.
4. A description of the subdivision circulation system, including sidewalk
width, road width, type and depth of road surface, curb and gutter, valley
pan, width and depth of borrow ditches and vehicle parking arrangement.
5. A statement indicating if on -street parking will be permitted within the
proposed subdivision.
6. A statement describing the ownership, function and maintenance of any
school site, open space or park within the proposed subdivision.
7. If the applicant is to dedicate land for schools, roads, parks or other public
purposes, a letter of intent from the appropriate public agency stating that
it will accept the lands to be dedicated.
8. A description of the proposed water system accompanied by an estimate
of the total gallons per day required to serve the subdivision.
9. A water supply resource report. The report will contain written evidence
that a water supply of sufficient quality, quantity and dependability will be
available to serve the proposed subdivision. Such evidence may include,
but shall not be limited to, the following: evidence of ownership or use of
existing water rights; historic use and estimated yield of claimed water
rights; amenability of existing rights to a change in use; and evidence that
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a public or private water supply is available. The amount of water
available for use within the subdivision, feasibility of extending services
and evidence concerning potability of the water supply for the proposed
subdivision shall be identified.
10. A copy of a contract or some tangible guarantee providing for a common
water supply if water is required to be supplied by a water district,
municipality or other agency.
11. A description of the proposed sewer system. The description shall
include an estimate of the total number of gallons per day of sewage to
be treated by public sewer or the suitability of another means of disposal
if public sewer is not required.
12. A copy of a contract or other tangible guarantee providing for adequate
sewage treatment by a public sewage treatment agency if public sewage
treatment is required.
13. A statement explaining how recommendations of the Colorado Geological
Survey will be met.
14. A list of any covenants, grants of easement and restrictions imposed
upon any land, buildings and structures within the proposed subdivision.
15. A copy of a Colorado Department of Transportation access permit if a
new street intersects with a state highway.
16. If applicable, a copy of an agreement signed by the applicant and
representative of the irrigation ditch company. The agreement shall
specify an agreed -upon treatment of the ditch as provided in Section 24-
6-40 of this Chapter.
17. Proof of an existing easement or dedicated right-of-way when it is
contiguous to an easement or right-of-way of the proposed subdivision.
18. A proposed subdivision improvements agreement executed by the
applicant. The agreement forms are provided by the Planner. The
agreement shall be made in accordance with the County policy on
collateral for improvements.
19. If applicable, an off -site road improvements agreement executed by the
applicant. The agreement shall be in accordance with Section 24-9-20 of
this Chapter.
20. A drainage report shall be prepared in compliance with the requirements
of Sections 24-7-120 and 24-7-130 of this Chapter.
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21. An erosion control report may be required at the request of the
Department of Public Works.
22. Subdivision road plans prepared by a professional engineer licensed to
work in the State. The road plans shall be dated and bear the signature
and seal of the engineer. The road plans shall include the following
minimum data:
a. Plans and profiles of all roads to be improved.
b. A typical cross-section of applicable roads, culverts and bridges.
c. Typical road section, including pavement design supported by soil
reports, test results and computations.
d. Typical or specific details of road intersections and cul-de-sacs.
e. A complete estimate of costs.
f. Any additional information required by the Department of Public
Works.
23. A certificate from the County Treasurer showing no delinquent taxes for
the area referred to in the application materials.
24. A title commitment or a title opinion covering all public dedications.
25. A warranty deed, if required, deeding to the appropriate entity any lands
to be used for the benefit of the public or owners and future owners of the
subdivision.
26. A set of sign plans in accordance with the requirements of Chapter 23,
Article IV, Division 2.
D. A certified list of the names, addresses and the corresponding parcel
identification numbers assigned by the County Assessor to the owners of
property of the surface estate within five hundred (500) feet of the property
subject to the application. The source of such list shall be from the records of the
County Assessor, or an ownership update from a title abstract company or
attorney derived from such records or from the records of the County Clerk and
Recorder. If the list was assembled from the records of the County Assessor, the
applicant shall certify that such list was assembled within thirty (30) days of the
application submission date.
E. The written certification required by Section 24-65.5-103.3, C.R.S., if applicable.
Such certification may be submitted on the date of the initial public hearing
referred to in Section 24.65.5-103(1), C.R.S.
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F. Final plat map requirements.
1. The plat shall be delineated in nonfading permanent black ink on a
dimensionally stable polyester sheet such as cronar, Mylar or other
product of equal quality, three (3) millimeters or greater in thickness. The
size of each sheet shall be twenty-four (24) inches in height by thirty-six
(36) inches in width. No final plat submitted shall contain any form of
stick -on type material such as, but not limited to, "sticky -back" or adhesive
film, Kroy lettering or tape. The drawing shall be at a scale of one (1) inch
equals one -hundred (100) feet.
2. A photo Mylar copy or diazo-sensitized Mylar copy of the original ink
drawing, three (3) millimeters or greater in thickness, may be submitted.
3. The plat shall meet the following criteria: bear original signatures and
seals; be made from a dimensionally stable polyester sheet such as
cronar or Mylar or other product of equal quality; be at least three (3)
millimeters in thickness; and all components, including signatures, shall
be made with nonfading permanent black ink.
4. If a subdivision requires more than two (2) sheets, a map showing the
relationship of the individual sheets shall be required.
5. All work shall comply with the requirements of Sections 38-50-101, 38-51-
101, 38-51-102, 38-53-103 and 38-53-104, C.R.S.
6. All work shall comply with the requirements of the "Bylaws and Rules of
Procedure of the State Board of Registration for Professional Engineers
and Professional Land Surveyors" and "Rules of Professional Conduct of
the State Board of Registration for Professional Engineers and
Professional Land Surveyors — Board Policy Statements."
7. The subdivision plat shall be referenced to at least two (2) public land
survey monuments of record in accordance with Section 38-53-102(7),
C.R.S.
8. A signed copy of all Colorado Land Survey Monument Records for
indicated "Aliquot Corners" will be submitted with the final plat in
accordance with Section 38-53-102(2), C.R.S. If an "Aliquot Corner'
indicated on the final plat is substantially as described in an existing
record previously filed and in the appropriate records of the County Clerk
and Recorder, a copy of that monument record and a letter of certification
stating that it is as described thereon shall be submitted.
9. The surveyor making a plat shall certify on the plat that it conforms with
all applicable rules, regulations and laws of the State, State Board of
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Registration for Professional Engineers and Professional Land Surveyors
and the County.
10. The surveyor shall affix his or her name, seal and date of certification as
prescribed in the "Bylaws and Rules of Procedure of the State Board of
Registration for Professional Engineers and Professional Land
Surveyors."
The final plat map shall include the following information.
1. The basis of bearings, north arrow, subdivision, name, date, total
acreage, total number of lots, name and address of the owners of record,
legal description, stated scale and graphic scale.
2. The bearings, distances and curve data of all perimeter boundary lines
shall be indicated outside the boundary line, not inside, with the lot
dimensions. When the plat is bounded by an irregular shore line or a
body of water, the bearings and distances of a closing meander traverse
shall be given and a notation made that the plat includes all land to the
water's edge or otherwise.
3. Lots and blocks shall be numbered consecutively. Bearings and lengths
shall be given for all lot lines, except for interior lot lines where the
bearings and lengths are the same as both end lot lines. All dimensions
of irregularly shaped lots shall be indicated. All lot lines intersecting a
curve shall state if they are radial or nonradial lines. Lengths shall be
shown to hundredths of a foot and angular dimensions and bearings to
seconds of arc.
4. The area of each lot shall be shown in square feet, if less than one (1)
acre. If lots are greater than one (1) acre, the area shall be shown in
acres.
5. Curved boundaries and all curves on the final plat shall include the radius
of curve, central angle, chord distance and bearing.
6. Any parcel that is excepted from the subdivision shall be marked, "not
included in this subdivision." The boundaries of an excepted parcel shall
be identified by bearings and distances.
7. All streets, walkways and alleys shall be designated and identified by
bearings and dimensions. All street names shall be shown.
8. All easements that are not parallel to a lot line shall be designated and
identified by bearings and dimensions.
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9. The location of easements along lot lines for water, sewer, electric, gas,
telephone and any other utilities within the proposed subdivision. Utility
easements shall be designed to meet requirements of this Chapter.
10. A utility service statement block shall appear on the final plat map. The
block shall identify each utility company, special district or municipality
intended to provide service to the proposed subdivision. The block shall
include:
a. The name of each utility service company.
b. A dated signature and statement from the representative of the
utility company indicating one (1) of the following:
1) Service is available.
2) Service is available, subject to the following specific
conditions.
3) Service is not available for the proposed subdivision.
11. The final plat or resubdivision plat shall show the location of any plugged
or abandoned oil and gas well. The well shall be permanently marked by
a brass plaque set in concrete, similar to a permanent bench mark, to
monument its location. Such plaque shall contain any information
required on a dry hole marker by the Colorado Oil and Gas Conservation
Commission.
12. All land within the boundaries of the subdivision shall be accounted for
either as lots, easements, rights -of -way, private street, alley, walkway,
trail or public area.
13. If a final plat is revised, a copy of the original final plat shall be provided
for comparison purposes.
14. The final plat or resubdivision plat shall contain the certificates and seals
located at Appendix 24-C to this Chapter. Provision shall be made for all
seals to be placed approximately two (2) inches from the final plat border.
15. The location of any sign requiring zoning approval shall be shown.
Distances from property lines shall be indicated.
An affidavit listing the names and addresses of all entities with a security interest
in the property being considered. The list shall be compiled from the title
commitment issued by a title insurance company or a title opinion by an attorney
licensed to practice in the State, and shall be current as of a date not more than
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thirty (30) days prior to the date the application is submitted to the Department of
Planning Services.
Section 24-4-40.E. and following to be re -located and re -lettered as new Section 24-4-50
below.
New added Section 24-4-50. Final plat processing and review procedure.
A. Any person wanting to apply for a major subdivision final plat review shall
arrange for a preapplication conference with the Department of Planning
Services. Final plats that are intended to make minor changes to existing
subdivisions may request a waiver of some conditions during the Planning Staffs
approval. The applicant shall contact Planning Services for direction.
B. Preliminary plan approval must be obtained from the Board prior to submitting a
final plat. A final plat shall be submitted for approval within one (1) year of the
date a preliminary plan has been approved by the Board of County
Commissioners. No final plat submission shall be accepted after expiration of
the one-year period unless an extension of time has been granted by the Board.
An extension of time may be granted by the Board upon written request of the
subdivider within one (1) year of the date of approval of the preliminary plan. Any
plat submitted after expiration of the approval period without a time extension
shall be processed as a new preliminary plan application.
C. The final plat shall conform to the approved preliminary plan. The Board may
approve a modified final plat if changes reflect improvements in design or
changes have occurred to surrounding land uses or the environment since the
time of the preliminary plan approval.
D. If the final plat application complies with the approved preliminary plan
application, the Planner shall notify the Clerk to the Board to schedule a Board
hearing date. If the final plat application does not comply with the preliminary
plan application, the Planner may refer the application to the appropriate referral
agency and then notify the Clerk to the Board to schedule a Board hearing date.
E. The Clerk to the Board shall give notice of the application for a final plat and the
Board's public hearing date to those persons listed in the application as owners
of property located within five hundred (500) feet of the parcel under
consideration. The notification shall be mailed first class not less than ten (10)
days before the scheduled public hearing.
F. The Planner shall post a sign on the property under consideration of a major
subdivision final plat. The sign shall be posted adjacent to and visible from a
publicly maintained road right-of-way. In the event the property under
consideration is not adjacent to a publicly maintained road right-of-way, one (1)
sign shall be posted in the most prominent place on the property and a second
sign shall be posted where a driveway (access drive) intersects a publicly
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maintained road right-of-way. The Department of Planning Services shall certify
that the sign has been posted for the ten (10) days preceding the hearing date
and evidenced with a photograph. The sign shall show the following information:
1. The assigned final plat application number.
2. The date, time and place of the public hearing.
3. The phone and location of the Department of Planning Services.
4. The applicant's name.
5. The acreage of the parcel under consideration.
6. The type of request.
G. The Clerk to the Board shall arrange for legal notice of the Board hearing
published in the newspaper designated by the Board for publication of notices.
The date of publication shall be at least fourteen (14) days prior to the hearing.
H. The Planner shall prepare comments for use by the Board addressing all aspects
of the application, including the following:
1. Compliance with Chapter 22 of this Code, the existing or future
development of the surrounding areas as permitted by the existing zoning
and with the future development as projected by Chapter 22, and the
Comprehensive Plan or Master Plan of affected municipalities and
intergovernmental agreements.
2. Compliance with this Chapter, Chapter 23 of this Code, the zone district
in which the proposed use is located, and any adopted intergovernmental
agreements or master plans of affected municipalities.
3. That comments received from referral agencies have been addressed, if
applicable.
4. That definite provision has been made for a water supply that is sufficient
in terms of quantity, dependability and quality to provide water for the
subdivision, including fire protection.
5. That, if a public sewage disposal system is proposed, provision has been
made for the system and, if other methods of sewage disposal are
proposed, evidence that such systems will comply with state and local
laws and regulations which are in effect at the time of submission of the
subdivision.
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6. That streets within the subdivision are adequate in functional
classification, width and structural capacity to meet the traffic
requirements of the subdivision.
7. That off -site street or highway facilities providing access to the
subdivision are adequate in functional classification, width and structural
capacity to meet the traffic requirements of the subdivision in accordance
with the requirements set forth in Article VII of this Chapter.
8. That facilities providing drainage and stormwater management are
adequate.
9. That the subdivision will not cause an unreasonable burden on the ability
of local governments or districts to provide fire and police protection,
hospital, solid waste disposal and other services.
10. That the subdivision will not cause air pollution violations based on
Colorado Department of Health standards.
11. The subdivision conforms to the subdivision design standards of Article
VII.
12. The subdivision will not have an undue adverse effect on wildlife, its
habitat, the preservation of prime agricultural land and historical sites.
The Board shall hold a public hearing to consider the application and to take final
action thereon. In making a decision on the final plat application, the Board shall
consider the recommendation of the Department of Planning Services, the facts
presented at the public hearing and the information contained in the official
record, including the Planner's case file. The applicant has the burden of proof to
show that the standards of Paragraphs a through I below are met. The applicant
shall demonstrate:
1. That the proposed subdivision is located within an urban growth boundary
area as defined and adopted in any approved intergovernmental
agreement, or as defined in Chapter 22 of this Code.
2. Compliance with this Chapter, Chapter 23 of this Code, the zone district
in which the proposed use is located, and any adopted intergovernmental
agreements or master plans of affected municipalities.
3. That comments received from referral agencies have been addressed, if
applicable.
4. That definite provision has been made for a water supply that is sufficient
in terms of quantity, dependability and quality to provide water for the
subdivision, including fire protection.
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5. That, if a public sewage disposal system is proposed, provision has been
made for the system and, if other methods of sewage disposal are
proposed, evidence that such systems will comply with state and local
laws and regulations which are in effect at the time of submission of the
subdivision.
6. That streets within the subdivision are adequate in functional
classification, width and structural capacity to meet the traffic
requirements of the proposed subdivision.
7. That off -site street or highway facilities providing access to the proposed
subdivision are adequate in functional classification, width and structural
capacity to meet the traffic requirements of the proposed subdivision.
8. That facilities providing drainage and stormwater management are
adequate.
9. That the subdivision will not cause an unreasonable burden on the ability
of local governments or districts to provide fire and police protection,
hospital, solid waste disposal and other services.
10. That the subdivision will not cause air pollution violations based on
Colorado Department of Health standards.
11. That the proposed subdivision conforms to the subdivision design
standards of Article VII.
12. That the subdivision will not have an undue adverse effect on wildlife, its
habitat, the preservation of prime agricultural land and historical sites.
J. The Board's final decision will be by resolution. A record of such action and a
copy of the resolution will be kept in the files of the Clerk to the Board. The
Planner shall record an approved final plat and resolution with the County Clerk
and Recorder.
K. No final plat shall be considered approved and eligible for recording until the
Board has approved a subdivision improvements agreement.
L. The Board may, without a hearing or compliance with any of the submission,
referral or review requirements of this Chapter, approve a correction plat if the
sole purpose of such correction plat is to correct one (1) or more technical errors
in an approved plat. The correction plat shall be consistent with the approved
final plat. This Article shall be followed when proposing other changes to a
recorded final plat.
Add new Section 24-4-60. Failure to record a major subdivision plat.
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If a final plat has not been recorded within one (1) year of the date of the approval of the
major subdivision final plat, or within a date specified by the Board of County Commissioners,
the Board may require the landowner to appear before it and present evidence substantiating
that the major subdivision final plat has not been abandoned and that the applicant possesses
the willingness and ability to record the final plat. The Board of County Commissioners may
extend the date for recording the plat. If the Board determines that conditions supporting the
original approval of the final plat cannot be met, the Board may, after a public hearing, revoke
the major subdivision final plat.
Add new Section 24-4-70. Failure to commence a major subdivision final plat.
If no construction has begun or no use established in the major subdivision within three
(3) years of the date of the approval of the major subdivision final plan, the Board of County
Commissioners may require the landowner to appear before it and present evidence
substantiating that the final plat has not been abandoned and that the applicant possesses the
willingness and ability to continue the major subdivision. The Board of County Commissioners
may extend the date for initiation of the major subdivision construction and shall annually
require the applicant to demonstrate that the major subdivision has not been abandoned. If the
Board of County Commissioners determines that conditions supporting the original approval of
the major subdivision final plat have changed or that the landowner cannot implement the major
subdivision final plat, the Board may, after a public hearing, revoke the major subdivision final
plat and order the recorded major subdivision vacated.
Add new Section 24-4-80. Failure to comply with the major subdivision final plan.
The Board of County Commissioners may serve written notice upon such organization or
upon the owners or residents of the major subdivision setting forth that the organization has
failed to comply with the major subdivision final plat. Said notice shall include a demand that
such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be
held by the Board of County Commissioners within fifteen (15) days of the issuance of such
notice, setting forth the item, date and place of the hearing. The Board may modify the terms of
the original notice as to deficiencies and may give an extension of time within which they shall
be rectified.
Amend Section 24-8-30. Subdivision Exemption.
A. The subdivision exemption is intended for the following four (4) purposes:
1. Division of a parcel of interest in a parcel which does not result in the
creation of a new residential or permanent building site. When otherwise
allowed by recorded exemption regulations, the subdivision exemption
can be utilized in conjunction with a recorded exemption to separate one
(1) additional existing habitable residence with accessory outbuildings
from any of the recorded exemption parcels. A subdivision exemption lot
in conjunction with a recorded exemption created prior to March 1, 2004,
is eligible for a one -time -only land exemption. A subdivision exemption
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lot in conjunction with a recorded exemption created after March 1, 2004,
is not eligible for a future land exemption. The subdivision exemption
must meet the following criteria:
Remainder of Section - No change
CHAPTER 26
REGIONAL URBANIZATION AREAS
ARTICLE I
Rural Urbanization Areas ("RUAs")
Amend all Sections and sub -sections throughout Chapter 26. Regional Urbanization
Areas. — various
Wherever the phrase "Mixed Use Development" or "Mixed Use Development area" or
"Mixed Use Development areas" are used, change to "Regional Urbanization Area" or
"Regional Urbanization Areas".
Wherever the term "MUD" or "MUDs" or "MUD area" or "MUD areas" are used, change
to "RUA" or "RUAs".
Amend Section 26-1-10. General.
A. The Regional Urbanization Areas (RUA's) provide unique and challenging
opportunities for the establishment of an ongoing planning process in areas
which are experiencing increased growth and development. The presence of an
interstate and state highway system and the external growth pressures from the
Longmont Metropolitan Area and the 1-76 Corridor have added to the interest in
land development and population growth within these areas. The intent of this
Chapter is to guide and implement planned land use changes in the RUA's,
particularly the conversion of rural lands to more intensive urban -type land uses.
The regulations found in this Chapter are intended to be implemented by the land
use and development policies in the Comprehensive Plan, Zoning Ordinance,
Subdivision Ordinance and Planned Unit Development Ordinance contained in
Chapters 22, 23, 24 and 27, respectively, of this Code.
B. A list of common acronyms and abbreviations utilized in this Chapter is contained
in Appendix 26-A to this Chapter.
C. The location of a property within an RUA does not, by itself, create a presumption
that a non -urban use on said property which is either a use by right, accessory
use, or use by special review in the A (Agricultural) Zone District (or other
districts that may also support non -urban uses), is incompatible with current uses
on surrounding properties.
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Amend Section 26-2-50. Landscaping regulations.
A thru C. No change.
D thru D.2.d - No change
e. Applicants adjacent to 1-25 or State Highway 119 shall construct a berm
along the highway with maximum 4:1 side slopes to a height sufficient to
screen elements of the development that lie along the ground plane
development (parking lots, storage areas or other similar site elements)
as far as one hundred eighty (180) feet from the right-of-way line. The
maximum berm height shall be six (6) feet above the existing elevation at
the foot of the proposed berm. If additional height of screening is
necessary above the six-foot berm, it shall be achieved through dense
landscape plantings. Plantings on top of berms shall be designed so as to
not create snow traps. A berm may not be required if the subject property
is elevated above the roadway and it can be demonstrated that views into
the site will not be possible for a distance of one hundred eighty (180)
feet. Required landscaping and screening within the landscape setback
and other portions of the property shall be governed by the landscape
standards contained within this Chapter and any other more restrictive
requirements contained in Chapters 23 and 24 of this Code. The visual
screening distance is not meant to imply an increase in setbacks that are
established elsewhere in this Code.
Remainder of Section - No change
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CHAPTER 27
PLANNED UNIT DEVELOPMENT
Amend Sec. 27-8-70. Failure to commence a PUD final plan.
If no construction has begun or no use established in the PUD within three (3) years of
the date of the approval of the PUD final plan, the Board of County Commissioners may require
the landowner to appear before it and present evidence substantiating that the PUD final plan
has not been abandoned and that the applicant possesses the willingness and ability to
continue the PUD. The Board of County Commissioners may extend the date for initiation of
the PUD construction and shall annually require the applicant to demonstrate that the PUD has
not been abandoned. If the Board of County Commissioners determines that conditions
supporting the original approval of the PUD final plan have changed or that the landowner
cannot implement the PUD final plan, the Board may, after a public hearing, revoke the PUD
final plan and order the recorded PUD plan vacated.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby
is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with
the amendments contained herein, to coincide with chapters, articles, divisions, sections, and
sub sections as they currently exist within said Code; and to resolve any inconsistencies
regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions,
sections, and sub -sections in said Code.
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or invalid.
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The above and foregoing Ordinance Number 2009-8 was, on motion duly made and
seconded, adopted by the following vote on the 21st day of September, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
William F. Garcia, Chair
Weld County Clerk to the Board
Douglas Rademacher, Pro-Tem
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
Date of signature:
Sean P. Conway
Barbara Kirkmeyer
David E. Long
Publication: August 6, 2009
First Reading: August 17, 2009
Publication: August 27, 2009, in the Windsor Beacon
Second Reading: Rescheduled to September 9, 2009, due to First Reading publication
delay
Publication: September 17, 2009, in the Windsor Beacon
Final Reading: Rescheduled to September 28, 2009, due to First Reading publication
delay, and then continued to October 12, 2009
Publication: October 15, 2009, in the Windsor Beacon
Effective: October 20, 2009
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